icularly grave and complex case for trial even within a
relatively long period of time, the Supreme People's Procuratorate shall
submit a report to the Standing Committee of the National People's
Congress for approval of postponing the hearing of the case.
Article 126 With respect to the following cases, if investigation cannot
be concluded within the time limit specified in Article 124 of this Law,
an extension of two months may be allowed upon approval or decision by
the People's Procuratorate of a province, autonomous region or
municipality directly under the Central Government:
(1) grave and complex cases in outlying areas where traffic is most
inconvenient;
(2) grave cases that involve criminal gangs;
(3) grave and complex cases that involve people who commit crimes from
one place to another; and
(4) grave and complex cases that involve various quarters and for which
it is difficult to obtain evidence.
Article 127 If in the case of a criminal suspect who may be sentenced to
fixed-term imprisonment of ten years at least, investigation of the case
can still not be concluded upon expiration of the extended time limit as
provided in Article 126 of this Law, another extension of two months may
be allowed upon approval or decision by the People's Procuratorate of a
province, autonomous region or municipality directly under the Central
Government.
Article 128 If during the period of investigation a criminal suspect is
found to have committed other major crimes, the time limit for holding
the criminal suspect in custody during investigation shall be
recalculated, in accordance with the provisions of Article 124 of this
Law, from the date on which such crimes are found.
If a criminal suspect does not tell his true name and address and his
identity is unknown, the time limit for holding him in custody during
investigation shall be calculated from the date on which his identity is
found out. However, before then, the investigation into his crime and
obtaining of evidence shall not be ceased. If the facts of a crime are
clear and the evidence is reliable and sufficient, the case may, by the
name given by the criminal suspect himself, be transferred to a People's
Procuratorate for examination and prosecution.
Article 129 After a public security organ has concluded its
investigation of a case, the facts should be clear and the evidence
reliable and sufficient and, in addition, it shall make a written
recommendation for prosecution, which shall be transferred, together
with the case file and evidence, to the People's Procuratorate at the
same level for examination and decision.
Article 130 If it is discovered during investigation that a criminal
suspect's criminal responsibility should not have been inve上一页 [1] [2] [3] [4] [5] [6] [7] 下一页
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